BILL NUMBER: AB 75	CHAPTERED  10/10/99

	CHAPTER   764
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   MARCH 23, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 19, 1999

INTRODUCED BY   Assembly Member Strom-Martin
   (Coauthors:  Senators Chesbro, McPherson, and Sher)

                        DECEMBER 7, 1998

   An act to add Sections 40148, 40196.3, and 41821.2 to, to add
Chapter 18.5 (commencing with Section 42920) to Part 3 of Division 30
of, and to repeal Sections 42922, 42923, 42927, and 42928 of, the
Public Resources Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 75, Strom-Martin.  State agency recycling:  waste diversion:
community service districts.
   (1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated waste management program
to which cities, counties, and regional agencies, as defined, are
subject. The act requires the board to implement various state
programs designed to encourage the reduction of solid waste.
   This bill would require each state agency, as defined, on or
before July 1, 2000, to develop and adopt, in consultation with the
board, an integrated waste management plan.
   The bill would require each state agency and each large state
facility, as defined, to divert at least 25% of the solid waste
generated by the state agency or large state facility from landfill
disposal or transformation facilities by January 1, 2002, and at
least 50% by January 1, 2004.  The bill would authorize the board to
establish, until January 1, 2006, a source reduction, recycling, and
composting requirement that would be an alternative to the 50%
reduction required under the bill.  The board would also be
authorized to grant single or multiyear extensions from these
diversion requirements, until January 1, 2006.  The board would be
required to develop and adopt, by February 15, 2000, collection,
storage, and loading requirements for recyclable materials.  The bill
would require each state agency to submit an annual report to the
board regarding solid waste reduction.  The board would be authorized
to adopt regulations, that would be operative until January 1, 2006,
regarding the granting of alternative reduction requirements or
extensions.  The bill would also prescribe related matters.
   (2) Existing law requires each city, county, and regional agency
to submit a report to the board summarizing its progress in achieving
specified waste diversion requirements.
   This bill would require each community service district, as
defined, to provide the city, county, or regional agency in which it
is located, information on the programs implemented by the district
and the amount of waste disposed and diverted within the district.
By imposing new duties on the districts, the bill would impose a
state-mandated local program.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 40148 is added to the Public Resources Code, to
read:
   40148.  "Large state facility" means those campuses of the
California State University and the California Community Colleges,
prisons within the Department of Corrections, facilities of the State
Department of Transportation, and facilities of other state
agencies, that the board determines, are primary campuses, prisons,
or facilities.
  SEC. 2.  Section 40196.3 is added to the Public Resources Code, to
read:
   40196.3.  "State agency" means every state office, department,
division, board, commission, or other agency of the state, including
the California Community Colleges and the California State
University.  The Regents of the University of California are
encouraged to implement this division.
  SEC. 3.  Section 41821.2 is added to the Public Resources Code, to
read:
   41821.2.  (a) For the purposes of this section, "district" means a
community service district that provides solid waste handling
services or implements source reduction and recycling programs.
   (b) Notwithstanding any other law, each district shall provide the
city, county, or regional agency in which it is located, information
on the programs implemented by the district and the amount of waste
disposed and diverted within the district.  The board may adopt
regulations pertaining to the format of the information to be
provided and deadlines for supplying this information to the city,
county, or regional agency so that it may be incorporated into the
annual report submitted to the board pursuant to Section 41821.
  SEC. 4.  Chapter 18.5 (commencing with Section 42920) is added to
Part 3 of Division 30 of the Public Resources Code, to read:

      CHAPTER 18.5.  STATE AGENCY INTEGRATED WASTE MANAGEMENT PLAN

   42920.  (a) On or before February 15, 2000, the board shall adopt
a state agency model integrated waste management plan for source
reduction, recycling, and composting activities.
   (b) (1) On or before July 1, 2000, each state agency shall develop
and adopt, in consultation with the board, an integrated waste
management plan, in accordance with the requirements of this chapter.
  The plan shall build upon existing programs and measures, including
the state agency model integrated waste management plan adopted by
the board pursuant to subdivision (a), that will reduce solid waste,
reuse materials whenever possible, recycle recyclable materials, and
procure products with recycled content in all state agency offices
and facilities, including any leased locations.  It is the intent of
the Legislature that the local jurisdiction and the state agency or
large state facility located within that jurisdiction work together
to implement the state agency integrated waste management plan.
   (2) Each state agency shall submit an adopted integrated waste
management plan to the board for review and approval on or before
July 15, 2000.  The board shall adopt procedures for reviewing and
approving those integrated waste management  plans.  The board shall
complete its plan review process on or before January 1, 2001.
   (3) If a state agency has not submitted an adopted integrated
waste management plan or the model integrated waste management plan
with revisions to the board by January  1, 2001, or if the board has
disapproved the plan that was submitted, then the model integrated
waste management plan, as revised by the board in consultation with
the agency, shall take effect on that date, or on a later date as
determined by the board, and shall have the same force and effect as
if adopted by the state agency.
   (c) Notwithstanding subdivision (b) of Section 12159 of the Public
Contract Code, at least one solid waste reduction and recycling
coordinator shall be designated by each state agency.  The
coordinator shall perform the duties imposed pursuant to this chapter
using existing resources.  The coordinator shall be responsible for
implementing the integrated waste management plan and shall serve as
a liaison to other state agencies and coordinators.
   (d) The board shall provide technical assistance to state agencies
for the purpose of implementing the integrated waste management
plan.
   42921.  (a) Each state agency and each large state facility shall
divert at least 25 percent of all solid waste generated by the state
agency from landfill disposal or transformation facilities by January
1, 2002, through source reduction, recycling, and composting
activities.
   (b) On and after January 1, 2004, each state agency and each large
state facility shall divert at least 50 percent of all solid waste
from landfill disposal or transformation facilities through source
reduction, recycling, and composting activities.
   42922.  (a) On and after January 1, 2002, upon the request of a
state agency or a large state facility, the board may establish a
source reduction, recycling, and composting requirement that would be
an alternative to the 50-percent requirement imposed pursuant to
subdivision (b) of Section 42921, if the board holds a public hearing
and makes all of the following findings based upon substantial
evidence on the record:
   (1) The state agency or a large state facility has made a good
faith effort to effectively implement the source reduction,
recycling, and composting measures described in its integrated waste
management plan, and has demonstrated progress toward meeting the
alternative requirement as described in its annual reports to the
board.
   (2) The state agency or the large state facility has been unable
to meet the 50-percent diversion requirement despite implementing the
measures described in paragraph (1).
   (3) The alternative source reduction, recycling, and composting
requirement represents the greatest diversion amount that the state
agency or the large state facility may reasonably and feasibly
achieve.
   (b) In making the decision whether to grant an alternative
requirement pursuant to subdivision (a), and in determining the
amount of the alternative requirement, the board shall consider
circumstances that support the request for an alternative
requirement, such as waste disposal patterns and the types of waste
disposed by the state agency or the large state facility.  The state
agency or the large state facility may provide the board with any
additional information that the state agency or the large state
facility determines to be necessary to demonstrate to the board the
need for the alternative requirement.
   (c) If a state agency or a large state facility that requests an
alternative source reduction, recycling, and composting requirement
has not previously requested an extension pursuant to Section 42923,
the state agency or the large state facility shall provide
information to the board that explains why it has not requested an
extension.
   (d) A state agency or a large state facility that has previously
been granted an alternative source reduction, recycling, and
composting requirement may request another alternative source
reduction, recycling, and composting requirement.  A state agency or
a large state facility that requests another alternative requirement
shall provide information to the board that demonstrates that the
circumstances that supported the previous alternative source
reduction, recycling, and composting requirement continue to exist,
or shall provide information to the board that describes changes in
those previous circumstances that support another alternative source
reduction, recycling, and composting requirement.  The board shall
review the original circumstances that supported the state agency's
or the large state facility's request, as well as any new information
provided by the state agency or the large state facility that
describes the current circumstances, to determine whether to grant
another alternative requirement.  The board may approve another
alternative requirement if the board holds a public hearing and makes
both of the following findings based upon substantial evidence in
the record:
   (1) The state agency or the large state facility has made a good
faith effort to effectively implement the source reduction,
recycling, and composting measures described in its integrated waste
management plan, and has demonstrated progress toward meeting the
alternative requirement as described in its annual reports to the
board.
   (2) The alternative source reduction, recycling, and composting
requirement represents the greatest diversion amount the state agency
or the large state facility may reasonably and feasibly achieve.
   (e) If the board establishes a new alternative requirement or
rescinds the existing alternative requirement, the board shall do so
at a public hearing.  If the board establishes a new alternative
requirement, it shall make all of the following findings based upon
substantial evidence in the record:
   (1) The state agency or the large state facility has made a good
faith effort to effectively implement the source reduction,
recycling, and composting measures described in its integrated waste
management plan, and has demonstrated progress toward meeting the
alternative requirement as described in its annual reports to the
board.
   (2) The former alternative diversion requirement is no longer
appropriate.
   (3) The new alternative requirement represents the greatest amount
of diversion that the state agency or the large state facility may
reasonably and feasibly achieve.
   (f) (1) No single alternative requirement may be granted for a
period that exceeds three years and, if after the granting of the
original alternative requirement, another alternative requirement is
granted, the combined period that the original and the new
alternative requirement is in force and effect shall not exceed a
total of five years.
   (2) No alternative requirement shall be granted for any period
after January 1, 2006, and no alternative requirement shall be
effective after January 1, 2006.
   (3) No state agency or large state facility shall be granted an
alternative requirement if the state agency or the large state
facility has failed to meet, on or before January 1, 2002, the
requirements of subdivision (a) of Section 42921.
   (g) (1) When considering a request for an alternative source
reduction, recycling, and composting requirement, the board may make
specific recommendations for the implementation of the alternative
plan.
   (2) Nothing in this section precludes the board from disapproving
any request for an alternative requirement.
   (3) If the board disapproves a request for an alternative
requirement, the board shall specify, in writing, the reasons for its
disapproval.
   (h) If the board grants an alternative source reduction,
recycling, and composting requirement, the state agency may request
technical assistance from the board to assist it in meeting the
alternative source reduction, recycling, and composting requirement.
If requested by the state agency or the large state facility, the
board shall assist with identifying model policies and plans
implemented by other agencies.
   (i) A state agency or a large state facility that is granted an
alternative requirement pursuant to this section shall continue to
implement source reduction, recycling, and composting programs, and
shall report the status of those programs in the report required
pursuant to Section 42926.
   (j) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
   42923.  (a) The board may grant one or more single or multiyear
time extensions from the requirements of subdivision (a) of Section
42921 to any state agency or large state facility if all of the
following conditions are met:
   (1) Any multiyear extension that is granted does not exceed three
years, and a state agency or a large state facility is not granted
extensions that exceed a total of five years.
   (2) No extension is granted for any period after January 1, 2006,
and no extension is effective after January 1, 2006.
   (3) The board considers the extent to which a state agency or a
large state facility complied with its plan of correction before
considering another extension.
   (4) The board adopts written findings, based upon substantial
evidence in the record, as follows:
   (A) The state agency or the large state facility is making a good
faith effort to implement the source reduction, recycling, and
composting programs identified in its integrated waste management
plan.
   (B) The state agency or the large state facility submits a plan of
correction that demonstrates that the state agency or the large
state facility will meet the requirements of Section 42921 before the
time extension expires, includes the source reduction, recycling, or
composting steps the state agency or the large state facility will
implement, a date prior to the expiration of the time extension when
the requirements of Section 42921 will be met, existing programs that
it will modify, any new programs that will be implemented to meet
those requirements, and the means by which these programs will be
funded.
   (b) (1) When considering a request for an extension, the board may
make specific recommendations for the implementation of the
alternative plans.
   (2) Nothing in this section shall preclude the board from
disapproving any request for an extension.
   (3) If the board disapproves a request for an extension, the board
shall specify its reasons for the disapproval.
   (c) (1) In determining whether to grant the request by a state
agency or a large state facility for the time extension authorized by
subdivision (a), the board shall consider information provided by
the state agency or the large state facility that describes relevant
circumstances that contributed to the request for extension, such as
a lack of markets for recycled materials, local efforts to implement
source reduction, recycling, and composting programs, facilities
built or planned, waste disposal patterns, and the type of waste
disposed by agency.
   (2) The state agency or the large state facility may provide the
board with any additional information that the state agency or the
large state facility determines to be necessary to demonstrate to the
board the need for the extension.
   (d) If the board grants a time extension pursuant to subdivision
(a), the state agency may request technical assistance from the board
to assist it in meeting the diversion requirements of subdivision
(a) of Section 42921 during the extension period.  If requested by
the state agency or the large state facility, the board shall assist
the state agency or the large state facility with identifying model
policies and plans implemented by other agencies.
   (e) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
   42924.  (a) On or before  February 15, 2000, the board shall
develop and adopt requirements relating to adequate areas for
collecting, storing, and loading recyclable materials in state
buildings.  In developing the requirements, the board may rely on the
model ordinance adopted pursuant to Chapter 18 (commencing with
Section 42900).
   (b) Each state agency or large state facility, when entering into
a new lease, or renewing an existing lease, shall ensure that
adequate areas are provided for, and adequate personnel are available
to oversee, the collection, storage, and loading of recyclable
materials in compliance with the requirements established pursuant to
subdivision (a).
   (c) In the design and construction of state agency offices and
facilities, the Department of General Services shall allocate
adequate space for the collection, storage, and loading of recyclable
materials in compliance with the requirements established pursuant
to subdivision (a).
   42925.  (a) Any cost savings realized as a result of the state
agency integrated waste management plan shall, to the extent
feasible, be redirected to the agency's integrated waste management
plan to fund plan implementation and administration costs, in
accordance with Sections 12167 and 12167.1 of the Public Contract
Code.
   (b) The board shall establish and implement a waste reduction
award program for state agencies and large state facilities that
develop, adopt, and implement innovative and effective integrated
waste management plans in compliance with this chapter.
   42926.  (a) In addition to the information provided to the board
pursuant to Section 12167.1 of the Public Contract Code, each state
agency shall submit a report to the board summarizing its progress in
reducing solid waste as required by Section 42921.  The annual
report shall be due on or before April 1, 2002, and on or before
April 1 in each subsequent year.  The information in this report
shall encompass the previous calendar year.
   (b) Each state agency's annual report to the board shall, at a
minimum, include all of the following:
   (1) Calculations of annual disposal reduction.
   (2) Information on the changes in waste generated or disposed of
due to increases or decreases in employees, economics, or other
factors.
   (3) A summary of progress made in implementing the integrated
waste management plan.
   (4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste.  If the state
agency does not intend to utilize those established programs or
facilities, the state agency shall identify sufficient disposal
capacity for solid waste that is not source reduced, recycled, or
composted.
   (5) If the agency has been granted a time extension by the board
pursuant to Section 42923, the state agency shall include a summary
of progress made in meeting the integrated waste management plan
implementation schedule pursuant to subdivision (b) of Section 42921
and complying with the state agency's plan of correction, prior to
the expiration of the time extension.
   (6) If the state agency has been granted an alternative source
reduction, recycling, and composting requirement pursuant to Section
42922, the state agency shall include a summary of progress made
towards meeting the alternative requirement as well as an explanation
of current circumstances that support the continuation of the
alternative requirement.
   (7) Other information relevant to compliance with Section 42921.
   (c) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the agency's integrated
waste management plan needs to be revised.
   42927.   (a) If a state agency is unable to comply with the
requirements of this chapter, the agency shall notify the board in
writing, detailing the reasons for its inability to comply and shall
request an alternative pursuant to Section 42922 or an extension
pursuant to Section 42923.
   (b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
   42928.  (a) The board may adopt regulations that establish
specified criteria for granting, reviewing, and considering
reductions or extensions pursuant to Sections 42922 and 42923.
   (b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
